[Federal Register Volume 79, Number 30 (Thursday, February 13, 2014)]
[Proposed Rules]
[Pages 8668-8677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-03120]



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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R8-ES-2013-0080; 4500030114]
RIN 1018-AZ57


Endangered and Threatened Wildlife and Plants; Designation of 
Critical Habitat for Ivesia webberi (Webber's Ivesia)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; revision and reopening of the comment period.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the 
reopening of the public comment period on our August 2, 2013, proposed 
rule to designate critical habitat for Ivesia webberi (Webber's 
ivesia). We also announce the availability of a draft economic analysis 
(DEA) of the proposed designation of critical habitat for I. webberi 
and an amended required determinations section of the proposal. In 
addition, in this document, we are proposing revised unit boundaries 
and acreages for five units described in our August 2, 2013, proposal 
(78 FR 46862) based on comments we received on the proposal. These 
revisions result in an increase of approximately 159 acres (65 
hectares) in the proposed designation of critical habitat. We are 
reopening the comment period to allow all interested parties an 
opportunity to comment simultaneously on the proposed rule, the 
associated DEA, the amended required determinations section, and the 
unit revisions described in this document. Comments previously 
submitted need not be resubmitted, as they will be fully considered in 
preparation of the final rule.

DATES: We will consider comments received or postmarked on or before 
March 17, 2014. Comments submitted electronically using the Federal 
eRulemaking Portal (see ADDRESSES section, below) must be received by 
11:59 p.m. Eastern Time on the closing date.

ADDRESSES: Document availability: You may obtain copies of the proposed 
rule and the associated documents of the DEA on the Internet at http://www.regulations.gov at Docket No. FWS-R8-ES-2013-0080 or by mail from 
the Nevada Fish and Wildlife Office (see FOR FURTHER INFORMATION 
CONTACT).
    Written comments: You may submit written comments by one of the 
following methods:
    (1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. Search for Docket No. FWS-R8-ES-2013-0080 (the 
docket number for the proposed critical habitat rule).
    (2) By hard copy: Submit by U.S. mail or hand-delivery to: Public 
Comments Processing, Attn: FWS-R8-ES-2013-0080); Division of Policy and 
Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax 
Drive, MS 2042-PDM; Arlington, VA 22203.
    We request that you send comments only by the methods described 
above. We will post all comments on http://www.regulations.gov. This 
generally means that we will post any personal information you provide 
us (see the Public Comments section below for more information).

FOR FURTHER INFORMATION CONTACT: Edward D. Koch, State Supervisor, U.S. 
Fish and Wildlife Service, Nevada Fish and Wildlife Office, 1340 
Financial Boulevard, Suite 234, Reno, NV 89502; by telephone 775-861-
6300; or by facsimile 775-861-6301. Persons who use a 
telecommunications device for the deaf (TDD) may call the Federal 
Information Relay Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION:

Public Comments

    We will accept written comments and information during this 
reopened comment period on our proposed designation of critical habitat 
for Ivesia webberi that was published in the Federal Register on August 
2, 2013 (78 FR 46862), our DEA of the proposed designation, the amended 
required determinations provided in this document, and the revisions to 
five of the proposed units as described in this document. We will 
consider information and recommendations from all interested parties. 
We are particularly interested in comments concerning:
    (1) The reasons why we should or should not designate habitat as 
``critical habitat'' under section 4 of the Act (16 U.S.C. 1531 et 
seq.), including whether there are threats to the species from human 
activity, the degree those threats can be expected to increase due to 
the designation, and whether that increase in threat outweighs the 
benefit of designation such that the designation of critical habitat is 
not prudent.
    (2) Specific information on:
    (a) The amount and distribution of Ivesia webberi habitat;
    (b) The areas that are currently occupied and contain features 
essential to the conservation of the species that we should include in 
the designation and why;
    (c) Special management considerations or protection that may be 
needed in critical habitat areas we are proposing, including managing 
for the potential effects of climate change; and
    (d) The areas not occupied at the time of listing that are 
essential for the conservation of the species and why.
    (3) Land use designations and current or planned activities in the 
subject areas and their probable impacts on proposed critical habitat.
    (4) Any probable economic, national security, or other relevant 
impacts of designating any area that may be included in the final 
designation; in particular, we seek information on the benefits of 
including or excluding areas that exhibit these impacts.
    (5) Information on the extent to which the description of economic 
impacts in the DEA is a reasonable estimate of the likely economic 
impacts.
    (6) The likelihood of adverse social reactions to the designation 
of critical habitat, as discussed in the associated documents of the 
DEA, and how the consequences of such reactions, if likely to occur, 
would relate to the conservation and regulatory benefits of the 
proposed critical habitat designation.
    (7) Whether any areas we are proposing for critical habitat 
designation should be considered for exclusion under section 4(b)(2) of 
the Act, and whether the benefits of potentially excluding any specific 
area outweigh the benefits of including that area under section 4(b)(2) 
of the Act.
    (8) Whether we could improve or modify our approach to designating 
critical habitat in any way to provide for greater public participation 
and understanding, or to better accommodate public concerns and 
comments.
    If you submitted comments or information on the proposed rule (78 
FR 46862) during the initial comment period from August 2, 2013, to 
October 1, 2013, please do not resubmit them. We will incorporate them 
into the public record as part of this comment period, and we will 
fully consider them in the preparation of our final determination. Our 
final determination concerning critical habitat will take into 
consideration all written comments and any additional information we 
receive during both comment periods. Accordingly, the final decision 
may differ from the proposed rule, as revised by this document.

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    You may submit your comments and materials concerning the proposed 
rule or DEA by one of the methods listed in ADDRESSES. We request that 
you send comments only by the methods described in ADDRESSES.
    If you submit a comment via http://www.regulations.gov, your entire 
comment--including any personal identifying information--will be posted 
on the Web site. We will post all hardcopy comments on http://www.regulations.gov as well. If you submit a hardcopy comment that 
includes personal identifying information, you may request at the top 
of your document that we withhold this information from public review. 
However, we cannot guarantee that we will be able to do so.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing the proposed listing, proposed 
critical habitat, and DEA, will be available for public inspection on 
http://www.regulations.gov at Docket Number FWS-R8-ES-2013-0080, or by 
appointment, during normal business hours, at the U.S. Fish and 
Wildlife Service, Nevada Fish and Wildlife Office (see FOR FURTHER 
INFORMATION CONTACT). You may obtain copies of the proposed rule to 
designate critical habitat and the DEA on the Internet at http://www.regulations.gov at Docket Number FWS-R8-ES-2013-0080, or by mail 
from the Nevada Fish and Wildlife Office (see FOR FURTHER INFORMATION 
CONTACT section).

Background

    It is our intent to discuss only those topics directly relevant to 
the proposed designation of critical habitat for Ivesia webberi (78 FR 
46862) in this document. For more information on previous Federal 
actions concerning the I. webberi, refer to the proposed listing rule 
(78 FR 46889) that published in the Federal Register on August 2, 2013. 
Both proposed rules are available online at http://www.regulations.gov 
(at Docket No. FWS-R8-ES-2013-0079 for the proposed listing and Docket 
No. FWS-R8-ES-2013-0080 for the proposed critical habitat designation) 
or from the Nevada Fish and Wildlife Office (see FOR FURTHER 
INFORMATION CONTACT).
    On August 2, 2013, we published a proposed rule to designate 
critical habitat for Ivesia webberi (78 FR 46862). We proposed to 
designate approximately 2,011 acres (ac) (814 hectares (ha)) as 
critical habitat for I. webberi in Plumas, Lassen, and Sierra Counties 
in northeastern California and in Washoe and Douglas Counties in 
northwestern Nevada. That proposal had an initial 60-day comment period 
ending October 1, 2013. This document announces a proposed revision of 
the boundaries and acreages of five units (Units 9, 10, 12, 13, and 14) 
described in the August 2, 2013, proposed rule to designate critical 
habitat. We anticipate submitting for publication in the Federal 
Register a final critical habitat designation for I. webberi on or 
before August 2014, if we finalize our proposed rule to list the 
species under the Act.

Critical Habitat

    Section 3 of the Act defines critical habitat as the specific areas 
within the geographical area occupied by a species, at the time it is 
listed in accordance with the Act, on which are found those physical or 
biological features essential to the conservation of the species and 
that may require special management considerations or protection, and 
specific areas outside the geographical area occupied by a species at 
the time it is listed, upon a determination that such areas are 
essential for the conservation of the species. If the proposed rule is 
made final, section 7 of the Act will prohibit destruction or adverse 
modification of critical habitat by any activity funded, authorized, or 
carried out by any Federal agency. Federal agencies proposing actions 
affecting critical habitat must consult with us on the effects of their 
proposed actions, under section 7(a)(2) of the Act.

Revisions to Proposed Critical Habitat Designation

    On August 2, 2013, we proposed as critical habitat for Ivesia 
webberi 16 units (2 with subunits), consisting of approximately 2,011 
ac (814 ha) in Plumas, Lassen, and Sierra Counties in northeastern 
California and in Washoe and Douglas Counties in northwestern Nevada 
(78 FR 46862).
    We are now proposing to increase the designation by approximately 
159 ac (65 ha) to a total of approximately 2,170 ac (879 ha). We 
propose this increase based on new information received from the U.S. 
Forest Service (Forest Service) that better defines the physical and 
biological features along the boundaries of these five proposed units, 
resulting in changes to the acreages for those units. The revised units 
include: Unit 9 (Stateline Road 1), Unit 10 (Stateline Road 2), Unit 12 
(Black Springs), Unit 13 (Raleigh Heights), and Unit 14 (Dutch Louie 
Flat) (see Table 1). Apart from the acreages and ownership percentages 
provided in the unit descriptions in the August 2, 2013, proposed rule, 
the information in the unit descriptions in that proposal remains 
unchanged.

                    Table 1--Revisions to Proposed Critical Habitat Units for Ivesia webberi
                      [Area estimates reflect all land within critical habitat boundaries]
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                                                                                                Change from 8/2/
                                                                                Revised acres     2013 proposal
       Proposed critical habitat unit             Land ownership by type         (hectares)          (acres
                                                                                                   (hectares))
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9. Stateline Road 1.........................  Federal.......................          186 (75)         +61 (+25)
                                              State or Local Government.....             0 (0)             0 (0)
                                              Private.......................             7 (3)             0 (0)
10. Stateline Road 2........................  Federal.......................           66 (27)           +1 (+1)
                                              State or Local Government.....             0 (0)             0 (0)
                                              Private.......................             0 (0)             0 (0)
12. Black Springs...........................  Federal.......................          133 (54)          +17 (+7)
                                              State or Local Government.....             0 (0)             0 (0)
                                              Private.......................           30 (12)           +6 (+2)
13. Raleigh Heights.........................  Federal.......................          229 (93)         +66 (+27)
                                              State or Local Government.....             0 (0)             0 (0)
                                              Private.......................           24 (10)          +10 (+4)
14. Dutch Louie Flat........................  Federal.......................            13 (5)           +2 (+1)
                                              State or Local Government.....             0 (0)             0 (0)
                                              Private.......................           41 (17)           -5 (-2)
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    Totals for Critical Habitat Units 9, 10,  Federal.......................         627 (254)        +148 (+61)
     12, 13, and 14.
                                              State or Local Government.....             0 (0)             0 (0)
                                              Private.......................          102 (42)          +11 (+4)
                                             -------------------------------------------------------------------
    Revised Totals for All 16 Units.........  Federal.......................       1,513 (612)  ................
                                              State or Local Government.....          214 (86)  ................
                                              Private.......................         444 (180)  ................
                                             -------------------------------------------------------------------
                                              TOTAL.........................       2,170 (879)  ................
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Note: Area sizes may not sum due to rounding.

Consideration of Impacts Under Section 4(b)(2) of the Act

    Section 4(b)(2) of the Act requires that we designate or revise 
critical habitat based upon the best scientific data available, after 
taking into consideration the economic impact, impact on national 
security, or any other relevant impact of specifying any particular 
area as critical habitat. We may exclude an area from critical habitat 
if we determine that the benefits of excluding the area outweigh the 
benefits of including the area as critical habitat, provided such 
exclusion will not result in the extinction of the species.
    When considering the benefits of inclusion for an area, we consider 
among other factors, the additional regulatory benefits that an area 
would receive through the analysis under section 7 of the Act 
addressing the destruction or adverse modification of critical habitat 
as a result of actions with a Federal nexus (activities conducted, 
funded, permitted, or authorized by Federal agencies), the educational 
benefits of identifying areas containing essential features that aid in 
the recovery of the listed species, and any ancillary benefits 
triggered by existing local, State or Federal laws as a result of the 
critical habitat designation.
    When considering the benefits of exclusion, we consider, among 
other things, whether exclusion of a specific area is likely to 
incentivize or result in conservation; the continuation, strengthening, 
or encouragement of partnerships; and the implementation of a 
management plan. In the case of Ivesia webberi, the benefits of 
critical habitat include public awareness of the presence of the 
species, the importance of habitat protection, and, where a Federal 
nexus exists, increased habitat protection for I. webberi. In practice, 
situations with a Federal nexus exist primarily on Federal lands or for 
projects undertaken by Federal agencies. We have not proposed to 
exclude any areas from critical habitat.

Consideration of Economic Impacts

    Section 4(b)(2) of the Act and its implementing regulations require 
that we consider the economic impact that may result from a designation 
of critical habitat. To assess the probable economic impacts of a 
designation, we must first evaluate specific land uses or activities 
and projects that may occur in the area of the critical habitat. We 
then must evaluate the impacts that a specific critical habitat 
designation may have on restricting or modifying specific land uses or 
activities for the benefit of the species and its habitat within the 
areas proposed. We then identify which conservation efforts may be the 
result of the species being listed under the Act versus those 
attributed solely to the designation of critical habitat for this 
particular species. The probable economic impact of a proposed critical 
habitat designation is analyzed by comparing scenarios ``with critical 
habitat'' and ``without critical habitat.'' The ``without critical 
habitat'' scenario represents the baseline for the analysis, which 
includes the existing regulatory and socio-economic burden imposed on 
landowners, managers, or other resource users potentially affected by 
the designation of critical habitat (e.g., under the Federal listing as 
well as other Federal, State, and local regulations). The baseline, 
therefore, represents the costs of all efforts attributable to the 
listing of the species under the Act (i.e., conservation of the species 
and its habitat incurred regardless of whether critical habitat is 
designated). The ``with critical habitat'' scenario describes the 
incremental impacts associated specifically with the designation of 
critical habitat for the species. The incremental conservation efforts 
and associated impacts would not be expected without the designation of 
critical habitat for the species. In other words, the incremental costs 
are those attributable solely to the designation of critical habitat, 
above and beyond the baseline costs. These are the costs we use when 
evaluating the benefits of inclusion and exclusion of particular areas 
from the final designation of critical habitat should we choose to 
conduct an optional 4(b)(2) exclusion analysis.
    For this particular designation, we developed an incremental 
effects memorandum (IEM) considering the probable incremental economic 
impacts that may result from the proposed designation of critical 
habitat (Service 2013). The information contained in our IEM was then 
used to develop a screening analysis (Industrial Economics, 
Incorporated (IEc) 2013, 2014) of the probable effects of the 
designation of critical habitat for Ivesia webberi. We began by 
conducting a screening analysis of the proposed designation of critical 
habitat in order to focus our analysis on the key factors that are 
likely to result in incremental economic impacts. The purpose of the 
screening analysis is to filter out the geographic areas in which the 
critical habitat designation is unlikely to result in probable 
incremental economic impacts. In particular, the screening analysis 
considers baseline costs (i.e., absent critical habitat designation) 
and includes probable economic impacts where land and water use may be 
subject to conservation plans, land management plans, best management 
practices, or regulations that protect the habitat area as a result of 
the Federal listing status of the species. The screening analysis 
filters out particular areas of critical habitat that are already 
subject to such protections and are,

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therefore, unlikely to incur incremental economic impacts. Ultimately, 
the screening analysis allows us to focus our analysis on evaluating 
the specific areas or sectors that may incur probable incremental 
economic impacts as a result of the designation. This screening 
analysis (IEc 2013, 2014) combined with the information contained in 
our IEM (Service 2013) are what we consider our DEA of the proposed 
critical habitat designation for I. webberi, and the DEA is summarized 
in the narrative below.
    Executive Orders (E.O.s) 12866 and 13563 direct Federal agencies to 
assess the costs and benefits of available regulatory alternatives in 
quantitative (to the extent feasible) and qualitative terms. Consistent 
with the E.O.s' regulatory analysis requirements, our effects analysis 
under the Act may take into consideration impacts to both directly and 
indirectly impacted entities, where practicable and reasonable. We 
assess, to the extent practicable, the probable impacts, if sufficient 
data are available, to both directly and indirectly impacted entities. 
As part of our screening analysis, we considered the types of economic 
activities that are likely to occur within the areas likely affected by 
the critical habitat designation. In our evaluation of the probable 
incremental economic impacts that may result from the proposed 
designation of critical habitat for Ivesia webberi, first we 
identified, in the IEM dated October 31, 2013, probable incremental 
economic impacts associated with the following categories of 
activities: (1) Federal lands management (Forest Service and U.S. 
Bureau of Land Management (BLM)); (2) commercial or residential 
development; (3) livestock grazing; (4) off-highway vehicle (OHV) and 
other recreational activities; (5) wildfire; (6) vegetation management, 
including fuels reduction activities and management for invasive 
species; and (7) vegetation or ground-disturbing activities associated 
with construction, maintenance or use of roads, trails, transmission 
lines, or other infrastructure corridors (Service 2013, pp. 3-10). We 
considered each industry or category individually. Additionally, we 
considered whether their activities have any Federal involvement.
    Critical habitat designation will not affect activities that do not 
have any Federal involvement; designation of critical habitat only 
affects activities conducted, funded, permitted, or authorized by 
Federal agencies. In areas where Ivesia webberi is present, Federal 
agencies already are required to consult with the Service under section 
7 of the Act on activities they fund, permit, or implement that may 
affect the species. If we finalize the proposed critical habitat 
designation, consultations to avoid the destruction or adverse 
modification of critical habitat would be incorporated into the 
existing consultation process. Therefore, disproportionate impacts to 
any geographic area or sector are not likely as a result of this 
critical habitat designation.
    In our IEM, we attempted to clarify the distinction between the 
effects that will result from the species being listed and those 
attributable to the critical habitat designation (i.e., difference 
between the jeopardy and adverse modification standards) for Ivesia 
webberi's critical habitat (Service 2013, pp. 12-22). Because the 
designation of critical habitat for I. webberi was proposed 
concurrently with the listing, it has been our experience that it is 
more difficult to discern which conservation efforts are attributable 
to the species being listed and those which will result solely from the 
designation of critical habitat. However, the following specific 
circumstances in this case help to inform our evaluation: (1) The 
essential physical and biological features identified for critical 
habitat are the same features essential for the life requisites of the 
species, and (2) any actions that would constitute jeopardy to I. 
webberi would also likely adversely affect the essential physical and 
biological features of critical habitat. The IEM outlines our rationale 
concerning this limited distinction between baseline conservation 
efforts and incremental impacts of the designation of critical habitat 
for this species (Service 2013, pp. 12-22). This evaluation of the 
incremental effects has been used as the basis to evaluate the probable 
incremental economic impacts of this proposed designation of critical 
habitat.
    The proposed critical habitat designation for Ivesia webberi (as 
proposed on August 2, 2013 (78 FR 46862)) totals approximately 2,011 ac 
(814 ha), all of which are considered occupied by the species. Of the 
2,011 ac (814 ha), approximately 68 percent of the total proposed 
designation is located on Federal lands, 11 percent on State land, and 
21 percent on private lands. Additionally, 53 percent (or 1,072 ac (434 
ha) of the 2,011 ac (814 ha)) are actively managed for I. webberi 
conservation through the Forest Service's Conservation Assessment and 
Strategy for Ivesia Webberi (Bergstrom 2009, entire). In this notice we 
are proposing revised unit boundaries and acreages for five units 
described in our August 2, 2013, proposal (78 FR 46862) based on 
comments we received on the proposal. These revisions, which were not 
available at the time the DEA was developed, result in an increase of 
approximately 159 ac (65 ha) in the proposed designation of critical 
habitat (see Table 1 above). After considering the economic impacts for 
the proposed areas and assessing the minimal changes to the boundaries 
of the proposed areas, we expect that economic impacts will not 
increase substantially. These changes will be fully analyzed and 
reported in the final economic analysis. As discussed above, the 
following economic activities are identified as having the potential to 
impact proposed critical habitat (as well as the additional 159 ac (65 
ha) that we are proposing for the revised unit boundaries): Federal 
lands management (Forest Service and BLM); commercial or residential 
development; livestock grazing, off-highway vehicle use, and other 
recreational activities; wildfire; vegetation management, including 
fuels reduction activities and management for invasive species; and 
vegetation or ground-disturbing activities associated with 
construction, maintenance or use of roads, trails, transmission lines, 
or other infrastructure corridors.
    Our DEA determined that the section 7-related costs of designating 
critical habitat for Ivesia webberi are likely to be limited to the 
additional administrative effort required to consider adverse 
modification in a small number of consultations. This finding is based 
on:
    (1) All proposed units are considered occupied, providing baseline 
protection resulting from the listing of the species as threatened 
under the Act.
    (2) Activities occurring within designated critical habitat with a 
potential to affect the species' habitat are also likely to adversely 
affect the species, either directly or indirectly.
    (3) Project modifications requested to avoid adverse modification 
are likely to be the same as those needed to avoid jeopardy in occupied 
habitat.
    (4) Federal agencies operating in proposed critical habitat areas 
are already aware of the presence of Ivesia webberi and also are 
experienced consulting with us under section 7 of the Act on other 
federally listed species. Thus, in the baseline, they are likely to 
consult even in buffer areas surrounding the species included in the 
designation to ensure protection of pollinator habitat.
    The incremental administrative burden resulting from the 
designation is unlikely to reach $100 million in a given year based on 
the small number of anticipated consultations (i.e., less than two 
consultations per year) and per-consultation costs. Furthermore, it

[[Page 8672]]

is unlikely that the designation of critical habitat will trigger 
additional requirements under State or local regulations. Costs 
resulting from public perception of the effect of critical habitat, if 
they occur, are unlikely to reach $100 million in a given year, based 
on the small number of acres possibly affected and average land values 
in the vicinity of those acres.
    The results of our analysis also suggest approximately 114 ac (46 
ha) of private, vacant land is available for future development in the 
proposed critical habitat area (specifically, the Reno/Sparks 
metropolitan area in Washoe County); however, we note that after our 
analysis was completed and based on comments during the first open 
comment period, our revised proposed critical habitat has resulted in a 
total of approximately 138 ac (55 ha) of private, vacant land that may 
be available for future development. If public perception causes the 
value of critical habitat acres to be diminished, these acres are those 
most likely to be affected. Due to existing data limitations regarding 
the probability that such effects will occur, and the likely degree to 
which property values will be affected, we are unable to estimate the 
magnitude of perception-related costs that could result from the 
designation if finalized. However, the cost cannot exceed the total 
value of affected properties. Based on our analysis, the value of 
potentially affected parcels is unlikely to exceed $100 million.
    Additional information and discussion regarding our economic 
analysis is available in our DEA available on the Internet at http://www.regulations.gov at Docket No. FWS-R8-ES-2013-0080.
    As we stated earlier, we are soliciting data and comments from the 
public on the DEA, as well as all aspects of the proposed rule and our 
amended required determinations. We may revise the proposed rule or 
supporting documents to incorporate or address information we receive 
during the public comment period. In particular, we may exclude an area 
from critical habitat if we determine that the benefits of excluding 
the area outweigh the benefits of including the area, provided the 
exclusion will not result in the extinction of this species.

Required Determinations--Amended

    In our August 2, 2013, proposed rule (78 FR 46862), we indicated 
that we would defer our determination of compliance with several 
statutes and executive orders until we had evaluated the probable 
effects on landowners and stakeholders and the resulting probable 
economic impacts of the designation. Following our evaluation of the 
probable incremental economic impacts resulting from the designation of 
critical habitat for Ivesia webberi, we have amended or affirmed our 
determinations below. Specifically, we affirm the information in our 
proposed rule concerning Executive Orders (E.O.s) 12866 and 13563 
(Regulatory Planning and Review), E.O. 13132 (Federalism), E.O. 12988 
(Civil Justice Reform), E.O. 13211 (Energy, Supply, Distribution, and 
Use), the Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.), the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), the National 
Environmental Policy Act (42 U.S.C. 4321 et seq.), and the President's 
memorandum of April 29, 1994, ``Government-to-Government Relations with 
Native American Tribal Governments'' (59 FR 22951). However, based on 
our evaluation of the probable incremental economic impacts of the 
proposed designation of critical habitat for I. webberi, we are 
amending our required determinations concerning the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.) and E.O. 12630 (Takings).

Regulatory Flexibility Act (5 U.S.C. 601 et seq.)

    Under the Regulatory Flexibility Act (RFA; 5 U.S.C. 601 et seq.), 
as amended by the Small Business Regulatory Enforcement Fairness Act of 
1996 (SBREFA; 5 U.S.C. 801 et seq.), whenever an agency publishes a 
notice of rulemaking for any proposed or final rule, it must prepare 
and make available for public comment a regulatory flexibility analysis 
that describes the effects of the rule on small entities (i.e., small 
businesses, small organizations, and small government jurisdictions). 
However, no regulatory flexibility analysis is required if the head of 
the agency certifies the rule will not have a significant economic 
impact on a substantial number of small entities. The SBREFA amended 
the RFA to require Federal agencies to provide a certification 
statement of the factual basis for certifying that the rule will not 
have a significant economic impact on a substantial number of small 
entities.
    According to the Small Business Administration, small entities 
include small organizations such as independent nonprofit 
organizations; small governmental jurisdictions, including school 
boards and city and town governments that serve fewer than 50,000 
residents; and small businesses (13 CFR 121.201). Small businesses 
include manufacturing and mining concerns with fewer than 500 
employees, wholesale trade entities with fewer than 100 employees, 
retail and service businesses with less than $5 million in annual 
sales, general and heavy construction businesses with less than $27.5 
million in annual business, special trade contractors doing less than 
$11.5 million in annual business, and agricultural businesses with 
annual sales less than $750,000. To determine if potential economic 
impacts to these small entities are significant, we considered the 
types of activities that might trigger regulatory impacts under this 
designation as well as types of project modifications that may result. 
In general, the term ``significant economic impact'' is meant to apply 
to a typical small business firm's business operations.
    The Service's current understanding of the requirements under the 
RFA, as amended, and following recent court decisions, is that Federal 
agencies are only required to evaluate the potential incremental 
impacts of rulemaking on those entities directly regulated by the 
rulemaking itself, and therefore, not required to evaluate the 
potential impacts to indirectly regulated entities. The regulatory 
mechanism through which critical habitat protections are realized is 
section 7 of the Act, which requires Federal agencies, in consultation 
with the Service, to ensure that any action authorized, funded, or 
carried by the agency is not likely to adversely modify critical 
habitat. Therefore, under these circumstances only Federal action 
agencies are directly subject to the specific regulatory requirement 
(avoiding destruction and adverse modification) imposed by critical 
habitat designation. Under these circumstances, it is our position that 
only Federal action agencies will be directly regulated by this 
designation. Federal agencies are not small entities and to this end, 
there is no requirement under RFA to evaluate the potential impacts to 
entities not directly regulated. Therefore, because no small entities 
are directly regulated by this rulemaking, the Service certifies that, 
if promulgated, the proposed critical habitat designation will not have 
a significant economic impact on a substantial number of small 
entities.
    In summary, we have considered whether the proposed designation 
would result in a significant economic impact on a substantial number 
of small entities. For the above reasons and based on currently 
available information, we certify that, if promulgated, the proposed 
critical habitat designation would not have a significant economic 
impact on a substantial number of small business

[[Page 8673]]

entities. Therefore, an initial regulatory flexibility analysis is not 
required.

E.O. 12630 (Takings)

    In accordance with E.O. 12630 (Government Actions and Interference 
with Constitutionally Protected Private Property Rights), we have 
analyzed the potential takings implications of designating critical 
habitat for Ivesia webberi in a takings implications assessment. As 
discussed above, the designation of critical habitat affects only 
Federal actions. Although private parties that receive Federal funding, 
assistance, or require approval or authorization from a Federal agency 
for an action may be indirectly impacted by the designation of critical 
habitat, the legally binding duty to avoid destruction or adverse 
modification of critical habitat rests squarely on the Federal agency. 
The DEA found that no significant economic impacts are likely to result 
from the designation of critical habitat for I webberi. Because the 
Act's critical habitat protection requirements apply only to Federal 
agency actions, few conflicts between critical habitat and private 
property rights should result from this designation. Based on 
information contained in the DEA and described within this document, it 
is not likely that economic impacts to a property owner would be of a 
sufficient magnitude to support a takings action. Therefore, the 
takings implications assessment concludes that this designation of 
critical habitat for I. webberi does not pose significant takings 
implications for lands within or affected by the designation.

Authors

    The primary authors of this notice are the staff members of the 
Pacific Southwest Regional Office (Region 8), with assistance from 
staff of the Nevada Fish and Wildlife Office, U.S. Fish and Wildlife 
Service.

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, Transportation.

Proposed Regulation Promulgation

    Accordingly, we propose to further amend part 17, subchapter B of 
chapter I, title 50 of the Code of Federal Regulations, as proposed to 
be amended on August 2, 2013, at 78 FR 46862, as set forth below:

PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS

0
1. The authority citation for part 17 continues to read as follows:

    Authority:  16 U.S.C. 1361-1407; 1531-1544; 4201-4245, unless 
otherwise noted.

0
2. Amend Sec.  17.96(a) by revising paragraphs (5), (10), (12), and 
(13) in the entry proposed for ``Family Rosaceae: ivesia webberi 
(Webber's ivesia)'' at 78 FR 46862, to read as follows:


Sec.  17.96  Critical habitat--plants.

    (a) Flowering plants.
* * * * *
Family Rosaceae: Ivesia webberi (Webber's ivesia)
* * * * *
    (5) Index map follows:
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[GRAPHIC] [TIFF OMITTED] TP13FE14.000

* * * * *
    (10) Unit 6, White Lake Overlook, Sierra County, California; Unit 
7, Subunit 7a, Mules Ear Flat, Sierra County, California; Unit 7, 
Subunit 7b, Three Pine Flat and Jeffery Pine Saddle, Washoe County, 
Nevada; Unit 8, Ivesia Flat, Washoe County, Nevada; Unit 9, Stateline 
Road 1, Washoe County, Nevada; and Unit 10, Stateline Road 2, Washoe 
County, Nevada: Critical habitat for Ivesia webberi, Sierra County, 
California, and Washoe County, Nevada.
    (i) Unit 6 includes 109 ac (44 ha), Subunit 7a includes 65 ac (27 
ha), Subunit 7b includes 68 ac (27 ha), Unit 8 includes 62 ac (25 ha), 
Unit 9 includes 193 ac (78 ha), and Unit 10 includes 66 ac (27 ha).
    (ii) Map of Units 6 through 10 follows:

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[GRAPHIC] [TIFF OMITTED] TP13FE14.001

* * * * *
    (12) Unit 12, Black Springs and Unit 13, Raleigh Heights: Critical 
habitat for Ivesia webberi, Washoe County, Nevada.
    (i) Unit 12 includes 163 ac (66 ha), and Unit 13 includes 253 ac 
(103 ha).
    (ii) Map of Units 12 and 13 follows:

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[GRAPHIC] [TIFF OMITTED] TP13FE14.002

    (13) Unit 14, Dutch Louie Flat and Unit 15, The Pines Powerline: 
Critical habitat for Ivesia webberi, Washoe County, Nevada.
    (i) Unit 14 includes 54 ac (22 ha), and Unit 15 includes 32 ac (13 
ha).
    (ii) Map of Units 14 and 15 follows:

[[Page 8677]]

[GRAPHIC] [TIFF OMITTED] TP13FE14.003

* * * * *

    Dated: February 5, 2014.
Rachel Jacobson,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2014-03120 Filed 2-12-14; 8:45 am]
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